Mansi Ramesh Shah v. Ramesh Shah Dharod@Ramesh Hirji Shah @ Ramesh Shah (Deceased)
MUGDHA M PARANJAPE 1 12-MPT 194-23.doc MUGDHA M PARANJAPE Date: 2023.04.26 10:12:33 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.194 OF 2023 Ramesh Shah Dharod alias Ramesh Hirji Shah ... Deceased Mansi Ramesh Shah ... Petitioner ----- Mr. Abhijeet K. Naik a/w Mr. Akash Tayade i/by Rajesh Khobragade for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
25TH APRIL 2023 P.C. :
1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Ramesh Shah Dharod alias Ramesh Shah ('the deceased'), who died in Mumbai on 30/06/2021. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.
2.
The persons mentioned in the table in Paragraph 6 are the only legal heirs and next of kin of the deceased according to the Hindu Succession Act, 1956, by which the deceased was governed at the time of his death.
2 12-MPT 194-23.doc 3.
The reason, for which the Legal Heirship Certificate is required, is set out in paragraph 10A of the Miscellaneous Petition. 4.
The requisite consent affidavits of other legal heirs of the deceased are annexed to the Petition.
5.
No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief. 6.
I have heard learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.
7.
The Miscellaneous Petition is therefore allowed in terms of prayer clause (a), which reads as under :- " (a) That a Legal Heirship Certificate Certifying that the Petitioner's along with the Heirs mentioned herein above in Paragraph 6 are the only heirs and legal representative of the said deceased under the Provision of Bombay Regulation Act VIII of 1827."
3 12-MPT 194-23.doc 8.
In view of the fact that the consent affidavits are annexed to the Miscellaneous Petition, the issuance of proclamation is dispensed with. 9.
The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same.
10.
The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.
(ARIF S. DOCTOR, J.)